Should You Sue a Driver Who Has No Insurance?

If you choose to drive in Indiana, then you’re legally required to carry auto insurance. That’s why it’s so frustrating when you find out the other driver has no insurance. Within seconds, it’s going to occur to you that you may not be able to file an insurance claim.

The good news is that you can defer to the advice of an Indianapolis car accident lawyer. Let them sort things out with the insurance company or the defendant’s lawyer. Then you and your attorney can decide together how you want to proceed against the driver with no insurance.

Your Indianapolis Car Accident Lawyer Will Review Your Policy

Drivers in Indiana are required to carry auto insurance, but not all do.

One of the first things you Indianapolis car accident lawyer will do is read your auto policy. It’s critical that they read the fine print when it comes to the following:

Once they have this information, they’ll have a better chance of getting you the compensation you deserve.

You May Need to Sue the Driver Personally

If the other driver had no insurance, your Indianapolis car accident lawyer will suggest filing suit. You will file a personal injury lawsuit against the other driver. If they have assets, then it’s worth your time and effort to sue. If, however, they have nothing, it’ll be hard to collect against any judgment.

The kind of person who would drive without insurance isn’t the kind of person who has assets. If the other driver owned their home and made a good living, you may have some hope of your judgment being paid or settled. The good news is that, even if you can’t collect your judgment right away, it’ll sit on the defendant’s public record for years.

If they try to sell their house or liquidate a 401K, stock or trade, the proceeds can be susceptible to a lien. It could take months, or it could take years. Let your Indianapolis car accident lawyer look to see what kind of assets the defendant has. Once they’ve done this, they can let you know what your options are.

Be Realistic About the Potential Outcomes

If you get into an accident with an uninsured driver, you are going to have a hard time recovering damages. While there are times when a person’s policy lapsed for non-payment, there are other times when the driver doesn’t care whether they have insurance or not.

You need to be realistic when you meet with your Indianapolis car accident lawyer. Don’t go in there asking for millions of dollars. You’ll be lucky to recover enough to pay your out-of-pocket expenses. 

Your Only Remedy May Be Uninsured Motorist’s Coverage

Sadly, if the other driver is judgment proof, your only option is to file a claim under your uninsured motorist’s policy. The problem with this is that it rarely covers all your damages. For example, your uninsured motorist’s policy may have a limit of $10,000.

There’s no way this is going to cover all your medical bills. It likely won’t cover all the damage to your vehicle. Your Indianapolis car accident lawyer will look to see what other options you have. Since a judgment against a poor defendant won’t help, your options will be limited.

It’s a Good Idea to Talk to an Indianapolis Car Accident Lawyer

It can be really frustrating to find out that the person who hit you has no insurance. You’ve paid for auto insurance ever since you got your license. It doesn’t seem fair that someone can get off scot-free just because they don’t carry the requisite insurance. If the person responsible for your car crash has no insurance, you have a couple of options.

Your Indianapolis car accident lawyer can explain these options to you in detail. Then you can decide how you want to proceed. You may want to file a claim under your uninsured motorist’s policy. Or you may choose to file a lawsuit against the driver. Your attorney will probably recommend that you do both. 

If you are frustrated and don’t know what you need to do next, call our office and schedule your free, initial consultation. Sit down with someone who’s handled dozens of cases like yours in the past. They will decide if you have a valid claim or if you have to swallow your losses.

Since the consultation is free, you don’t have to pay anything. You also don’t have to make any rash decisions. Decide what’s best for you and know that your Indianapolis car accident lawyer is there for you.

View these other frequently asked questions pages:

Car Accident: What Should I Do Immediately After?

Who is Determined At-Fault in an Indianapolis Rear-End Car Accident?

Personal Injury Lawyer: Why Should I Get One for my Case?

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